H&C Humanitarian Ground with/or Without Failed refugee claim

[scylla]

You think result should be positive. We file appeal on 24 nov friday in federal court

They will apply something called the tripartite test to determine whether to allow the deportation to proceed or not. I'm sure your lawyer must be very familiar with this and how to make the argument. The tripartite test requires all of the following to be demonstrated in order for your deportation to be put on hold:

- The existence of a serious issue;

- The existence of irreparable harm to the Applicant if no Order is granted; and

- The balance of convenience considering the total situation of both parties favours the granting of the Order.

You can read the case that is typically referred to for the tripartite test here:

https://www.canlii.org/en/ca/fca/doc/1988/1988canlii1420/1988canlii1420.html

Good luck.

 

[Katayoon]

You think result should be positive. We file appeal on 24 nov friday in federal court

Like with any federal court appeal, the chances are slim but not zero. I don't know many people whose stay of removal was positive, and those who were positive had a very prominent figure involved. Like this guy (a minister interfered).
Keep faith and stay positive.

https://usa.inquirer.net/80296/cana...re-he-was-to-board-his-deportation-flight/amp

 

[Katayoon]

Thanks @Katayoon
Nothing started yet and nothing has been sent.
only security and medical has due date January 2023.(is this good )
The last update of my file was November 06
no correspondence has been sent(empty pages)
the last notes was the Biometric.
The primary office is Vancouver

Medical due date can mean for them to send you medical forms. But if you don't have AIP yet, it will be pushed. Due dates are just estimates and get pushed/delayed as the file progresses.

 

[Sandeepgill83]

I appliedg

I send you msg

 

[Sandeepgill83]

Iam talking about refugee JR. I think you put JR for your HC refusal

I send you msg

 

[emmaola2002]

I received portal and now waiting for ECOPR

OK,thanks for the update

 

[emmaola2002]

So is this update on online portal or anywhere else

Both email and online portal

 

[Meme2022]

I received portal and now waiting for ECOPR

Congratulations

 

[emmaola2002]

July end submit August all other documents

OK

 

[ArzeenYy]

Hi guys
Iam gonna applying H&C why my lawyer asked new documents for my denied refugee which is closed after RAD appeal and also she asking for police certificate my country also she asking for remittance??

 

[Katayoon]

Hi guys
Iam gonna applying H&C why my lawyer asked new documents for my denied refugee which is closed after RAD appeal and also she asking for police certificate my country also she asking for remittance??

So that she can save time and use some of HC arguments from your refugee case. Also, she can re-use your old police certificates if you have not travelled back to those countries (these will be required at Stage 2). Not sure what you mean by remittance - prepayment of her services?

 

[Taweda]

I received portal and now waiting for ECOPR

Congrats
Pray for us

 

[Singh navi]

Like with any federal court appeal, the chances are slim but not zero. I don't know many people whose stay of removal was positive, and those who were positive had a very prominent figure involved. Like this guy (a minister interfered).
Keep faith and stay positive.

https://usa.inquirer.net/80296/cana...re-he-was-to-board-his-deportation-flight/amp

@katayoon thanks

 

[Neel_Mistry]

Thanks @Katayoon
Nothing started yet and nothing has been sent.
only security and medical has due date January 2023.(is this good )
The last update of my file was November 06
no correspondence has been sent(empty pages)
the last notes was the Biometric.
The primary office is Vancouver

We both are in same boat. Same timelines and similar info appeared in my gcms too. One difference is that my primary office is “HM-New Ineligibility”.

 

[PraiseG]

Hi everyone, a friend gave me this link and am glad to be here.
H&C applied oct 2021
AOR Nov 2021
Application in process January 2022

Decision made in August, my lawyer said she got a refusal letter and she has order the reasons for the refusal through federal court
WORK PERMIT received in oct 2022.

Please my question is that, is it federal court that orders an applicant reasons for refusal or the lawyer.
Thanks